Shoreland Land Disturbance - Filling, Grading - Standards by County in Wisconsin

8/2/2019 Shoreland Land Disturbance - Filling, Grading - Standards by County in Wisconsin

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Wednesday, October 18, 2000 14 B 1 Land Disturbance

Issue Summary

LANDDISTURBANCEISSUE SUMMARY

MANAGEMENTRATIONALELand disturbances such as filling and grading are regulated in the shoreland area since

they have the potential to: increase delivery of phosphorus rich sediment to the waterway, resulting in poor

water quality and nuisance growth of algae and aquatic plants, accelerate erosion of banks and shorelines through the removal brush and

shoreline vegetation, and adversely affect near shore habitat and aquatic communities by covering

spawning grounds and other critical near shore areas with sediment.

MINIMUMSTATEWIDE STANDARDSChapter NR 115, Wis. Admin. Code, Wisconsins Shoreland Management Program, hasonly general standards for filling, grading, lagooning, dredging, ditching and excavating.

These activities may be permitted only in accordance with the requirements of Chapter30 and any other applicable state and federal laws, and must be done in a manner

designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat.

In the Department of Natural Resources 1985 Model Shoreland Zoning Ordinance

specific standards were given to distinguish between land disturbances which require apermit and those which do not. The model ordinance recommends that a special

exception permit is required for any filling or grading of an area within 300 feet of the

ordinary high water mark (OHWM) which drains toward the water and on which there is

either:

any filling or grading on slopes more than 20%,

filling or grading of more than 1,000 square feet on slopes of 12-20%, or filling or grading of more than 2,000 square feet on slopes less than 12%.

Such provisions still allow substantial land disturbing activities to take place which may

adversely impact water quality, although when a permit is not required, the landdisturbing activity must still be done in a manner designed to minimize erosion,

sedimentation and impairment of fish and wildlife habitat.

RELATEDRESEARCHConstruction site erosion is a serious threat to water quality if not adequately controlled.

The Wisconsin Land Conservation Board (1984) found that construction sites without

adequate erosion and sediment control practices can have soil loss rates of 30 to 200tons/acre/year, 10 to 20 times that of cropland.

The Southeastern Wisconsin Regional Planning Commission estimated that runoff fromurban and suburban construction sites contributed 35% of the sediment and 28% of the

phosphorus entering the inland lakes and streams in its seven-county planning area

(Jackson et al. 1981). Proper erosion and sediment control practices can help to controlconstruction site erosion. These controls are often referred to as Best Management


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Issue Summary

Practices (BMPs) and can be found in the Natural Resources Conservation Service(NRCS) or the Department of Natural Resources erosion control field manuals.

When considering whether a special exception or conditional use permit should begranted (regardless of when the permitting process kicks in), the community should have

standards that are closely tied into what erosion control practices will be implemented onthat site. Ultimately the degree to which sediment control is achieved on constructionsites will be dependent on the knowledge and care taken by the builder to utilize the besttechniques available, and the level of scrutiny communities place on projects in sensitiveareas, such as steep slopes. The success of this approach will rely on the ability of localstaff to educate themselves and the builders they work with on the best erosion andsediment control methods.

MANAGEMENTINITIATIVESSince counties are not required to use the standards found in the model ordinance, somehave increased the minimum area and slope disturbed requiring a permit. For instance,Chippewa County requires a conditional use permit for:

any filling or grading on slopes more than 35%, filling or grading of more than 2,000 square feet on slopes of 12 35%, or

filling or grading of more than 4,000 square feet on slopes less than 12%.

This can lower the permit workload for the county, but increases the potential for adverse

impacts.

Another option is to simplify the permit criteria. Instead of using a combination of slope

and area, a county may use a threshold area OR slope. Oconto County, for example,

requires a grading permit for filling and grading within the shoreland area draining towater if:

filling or grading occurs on slopes greater than 20%,

more than 500 square feet is exposed with a single land disturbance, or

more than 1,000 square feet is exposed in total.

This method is easier to administer and much easier for a property owner or contractor to

determine when a permit is needed.

Some counties have opted to require a permit for any land disturbances within theshoreland area. This may increase staff workload, but it also provides an opportunity for

an initial contact with a citizen prior to any earth moving to educate them about permitrequirements and potential impacts of mismanaged activities. Langlade County requires

a fill and grade permit for any land disturbances within 300 feet of navigable waters. A

conditional use permit is needed if the requirements of the fill and grade permit cannot be

met, or if the disturbance will result in greater than 10,000 square feet being altered.

The last type of language used in shoreland ordinances is similar to Chapter NR 115,Wis. Admin. Code. For example, Douglas Countys Shoreland Zoning Ordinance simply

states that filling and grading is permitted only in accord with state law and where

protection against erosion, sedimentation and impairment of aquatic life is assured.


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Issue Summary

The goal of regulating land disturbances is to limit the potential adverse effects fromincreased runoff and sediment on a waterbody, as well as impacts to shoreland vegetationand habitat.

CONSIDERATIONS

Are property owners applying for permits when they are needed? If not, is it simply aresult of lack of knowledge regarding the regulation or is it the result of confusionover when permits are needed?

Are proper erosion and stormwater control measures being used? Does yourordinance have language requiring erosion and stormwater control plans? Do yourpermits require implementation of plans? Are the required plan components welldefined?

Are there sites where prohibiting any land disturbances would make sense due to thefragile nature of the area? On slopes over 35%? 40%? 45%?

How is your permitting system administered? Is a conditional use permit required forall permits? Or can the zoning administrator issue grading permits until a thresholdlevel (10,000 s.f.) if certain requirements are met?

If your community changes its permitting process, how will if affect the local staffsworkload? Is there enough staff? Do they have the knowledge base to evaluate

erosion and stormwater control plans?

BIOLOGRAPHYJackson, G. W., L. C. Johnson, and J. L. Arts. 1981. Controlling runoff and erosionfrom land developing projects: some institutional tools. University of Wisconsin Extension. Madison, WI.

Wisconsin Land Conservation Board. 1984. Erosion in Wisconsin. Madison, WI.

Abbreviations used in the following table are:

CUP = Conditional use permit

F & G permit = Fill and grade permitH2O = Water

LUP = Land use permit

OHWM = Ordinary high water marks.f. = Square feet

SEP = Special exception permit

ZP = Zoning permit


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Land Disturbance Standards

County Land Disturbance Standard

Adams Special exception permit req. if filling/grading w/i 300 of OHWM & drains to water (1)on slopes>20%, (2)>1000 s.f.on 12-20% (3)>2000 s.f. on 20% slopes. CUP req. if filling or grading w/i 300 of OHWM draining to water & >20%slopes.

Barron Grading permit req. for nonwetlands that slope to water & (1)slope>20% (2)1000 s.f. on 12-20% slopes (3)2000 s.f.on 1000 s.f. or (2)slopes>20%.

Brown Land use permit req. for fil ling or grading >1000 s.f. within shoreland area.

Buffalo Special exception permit req. for filling/grading w/i 300 of OHWM & drains to water (1)on slopes>20% (2)>1000 s.f.on 12-20% (3)>2000 s.f. on 1000 s.f. on 12-20%slopes, or (3) >2,000 s.f on 0-12% slopes.

Calumet LUP req. for filling/grading w/i shoreland area draining to water (1)>20% slopes (2)>1000 s.f. on 12-20% (3)>2,000s.f on 10,000 s.f. disturbed.

Chippewa CUP req. for any filling or grading w/i shoreland & drains to water if (1)on slopes >35%, (2)>2000 s.f. on 12-35%slopes, or (3)>4,000 s.f. on 20% (2)>1000 s.f.on 12-20% (3)>2000 s.f. on 20%, (2)>1000 s.f. on 12-20%, (3)>2000 s.f. on 10,000 s.f.

Crawford Special exception permit req. for filling/grading w/i 300 of OHWM & drains to water (1)on slopes>20% (2)>1000 s.f.on 12-20% (3)>2000 s.f. on 20% (2)>1000 s.f. on 12-20% (3)>2000 s.f. on 20% (2)>1000 s.f. on 12-20%(3)>2000 s.f. on 20% (2)>2000 s.f.on 12-20% (3)>5000 s.f. on 20% (2)>1000 s.f.on 12-20% (3)>2000 s.f. on 10,000 s.f. exposed or(2)on slopes of 20% or greater.

Forest Special exception permit req. for filling/grading w/i 300 of OHWM & drains to water (1)on slopes>20% (2)>1000 s.f.on 12-20% (3)>2000 s.f. on 20% (2)>1000 s.f.on 12-20% (3)>2000 s.f. on 20% (2)>1000 s.f.on 12-20% (3)>2000 s.f. on


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Iowa Special exception permit req. for filling/grading w/i 300 of OHWM & drains to water (1)on slopes>20% (2)>1000 s.f.on 12-20% (3)>2000 s.f. on 20% (2)>1000 s.f. on12-20% or (3)2000 s.f. on 1000s.f. on 12-20% (3)>2000 s.f. on 20% (2)>5000 s.f. on12-20% (3)>10,000 s.f. on 20% (2)>4000 s.f.on 12-20% (3)>5000 s.f. on 20% (2)>1000 s.f.on 12-20% (3)>2000 s.f. on 20% (2)>1000 s.f.on 12-20% (3)>2000 s.f. on 10,000 s.f. altered or cannot meet req. of F & G permit.No grading on 45%+ slopes.

Lincoln CUP req. for any filling or grading w/i 300 of OHWM & drains toward water if (1)>6000 s.f. on >20% slopes or(2)>8000 s.f. on 12-20% slopes.

Manitowoc Filling, grading, excavating, etc. done w/ permitted, accessory or conditional use must comply w/ ordinance tominimize any habitat impairment.

Marathon Earth disturbances 20% (2)>1000 s.f. on12-20% or (3)2000 s.f. on 20% slopes (2)>10,000 s.f. on

12-20% slopes, (3)>20,000 s.f.

Menominee LUP req. for filling/grading w/i 300 of OHWM on slopes draining to water & (1)>20% (2)>1000 s.f. on 12-20%(3)2000 s.f. on 20% slopes (2)>1000 s.f. on 12-20%slopes or (3)>2000 s.f. on 20% (2)>500 s.f.exposed singlely (3)>1000 s.f. total.

Oneida CUP req. for filling, grading,etc. if over 10,000 s.f.

Outagamie CUP req. for filling or grading of area w/i 300 of water & drains to water if (1)>20% slopes (2)>1000 s.f. on 12-20%slopes or (3)>2000 s.f. on 20% slopes (2)>1000 s.f. on 12-20%

slopes or (3)>2000 s.f. on 2000 s.f. on


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Portage Any filling, grading or excavation >10,000 s.f. require a special exception permit. Under 10,000 s.f. req. a zoningpermit.

Price Permit req. for filling or grading w/i 300 of OHWM & drains to water if (1)on 20%+ slopes, (2)>1000 s.f. on 12-20%slopes, (3)>5,000 on 20% slopes (2)>1000 s.f. on 12-20% slopesor (3)>2000 s.f. on 20% (2)>1000 s.f. on12-20% or (3)2000 s.f. on 20% slopes (2)>2000 s.f. on 12-20% slopesor (3)>4000 s.f. on 20% btwn. 300 & 1000 of water.

Sawyer Land Use Permit req. for filling or grading w/i 300 of OHWM that >10,000 s.f. OR purpose of grading is ultimateconnection to waterway.

Shawano CUP req. for filling & grading w/i 300 of OHWM & drains to water if (1)>20% (2)>1000 s.f. on 12-20% or (3)2000 s.f.on 20% slopes (2)>1000s.f. on 12-20% (3)>2000 s.f. on 10,000 s.f.

Trempealeau SEP req. for filling or grading w/i 300 of OHWM draining to water if (1)>20% slopes (2)>1000 s.f. on 12-20% slopesor (3)>2000 s.f. on 20% (2)>1000 s.f.on 12-20% (3)>2000 s.f. on 20%, (2)>1000s.f. on 12-20%, (3)>2000 s.f. on 40% slopes. Stormwater & erosion plan or CUP req. for grading, etc. on slopes12-40%.

Washington CUP req. for filling or grading w/i 300 of OHWM draining to water & (1)20%+ slopes, (2)>1000 s.f. on 12-20%slopes, or (3)>2000 s.f. on 10,000 s.f.

Winnebago CUP required for filling, grading, excavating, etc., unless activity can meet certain requirement for zoning permit &drainage plan approval.

Wood SEP if filling/grading w/i 300 shore & drains to water (1)20%+ slopes (2)>1000 s.f. on 12-20% (3)>5000 s.f. on2000 s.f. on


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Friday, August 11, 2000 14 D 1 Land Disturbance

Ordinance Language

Land Disturbance Ordinance Language

BAYFIELD COUNTY

17.09 FILLING-GRADING-DREDGING-LAGOONING. Only filling, grading,dredging, lagooning, ditching, and excavating which is done in a manner designedto minimize erosion, sedimentation and impairment of fish and wildlife habitat andwhich is accomplished in conformity with all applicable federal, state and locallaws is permissible in the shoreland.

(1) LAKE SUPERIOR. A Special land use permit shall be required forexcavating, grading, or filling of 200 square feet or more within 1,000 of the

normal high water mark of Lake Superior (roadway maintenance accepted).

(2) FILLING. A Special land use permit shall be required for filling in of 500square feet or more of any wetland. In addition, a permit may be requiredfrom the Department of Natural Resources under Ch. 30, Wis. Stats., or from

any other state agency having jurisdiction.

(a) In passing upon a Special use permit (see S. 17.18) the Zoning Committeeshall require the following information:

1. A detailed description and a map showing the vegetation of theshoreline or wetland area to be affected, the soil type or bottom type of

the area affected, the surrounding drainage patterns, and the proposed

alterations to be carried out.

2. Whether the area to be filled serves as a nesting or spawning area forwildlife or as a habitat for any rare or endangered plant or animalspecies.

(b)The Zoning Committee may require the following conditions in addition tothose specified under S 17.18:

1. That fill not restrict a floodway or destroy the storage capacity of afloodplain.

2. That measures be taken to avoid siltation.

(3) GRADING. A Special land use permit shall be required for the grading orfilling of 1,000 square feet or more within a strip paralleling the shoreland and

extending inland 300 from the normal high water mark (roadway

maintenance accepted).


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Ordinance Language

(a) All farm lands are excluded from the provisions of this section.

(b)A Special land use permit shall be required for any grading in areas onslopes greater than 20%.

(c) In passing upon a Special land use permit, the Zoning Committee mayrequire the following information:

1. A detailed description of the grading that is to be conducted and theproposed plans for handling of the spoils.

2. A detailed description, including a topographic map of the existingtopographic features, the drainage patterns, the existing vegetation andthe soil types of the area to be affected.

3. A detailed plot plan illustrating the manner and time frame for the

restoration of the graded area.

(d)The Zoning Committee may require the following conditions in addition tothose specified under S. 17.18:

1. The smallest amount of bare ground be exposed for the shortest timefeasible.

2. That temporary ground cover, such as mulch be used and permanentcover be planted.

EAUCLAIRE COUNTY

18.19.050 Filling, dredging, grading, lagooning, ditching and excavating.A. Filling, grading, lagooning, dredging, ditching and excavating may be

permitted only in accordance with the provisions of s. NR 115.05 (2) (c), therequirements of Chapter 30, Stats., and other state and federal laws where applicable andonly if done in a manner designed to minimize erosion, sedimentation, and impairment offish and wildlife habitat.

B. The following activities require approval by the Department by issuance of aconditional use contract by the applicant and the Department agree to methods to prevent

erosion, sedimentation, and pollution of the water body. If the applicant is unsatisfiedwith the terms of the contract or the Department deems that a public hearing should beheld, the application shall be handles as a conditional use permit.

1. Creation or alteration of a waterbody.2. Alteration of the land surface having a slope exceeding 6%.3. Alteration of the bank of a waterbody except for those issued where

the Department of Natural Resources has issued a Chapter 30 or 31 permit.C. A conditional use permit shall be approved based upon:


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Ordinance Language

1. A construction plan shall be submitted to the Department based uponthe Wisconsin Construction Site Best Management Handbook. The Land ConservationDivision of the Department shall review and make written comments on the proposed

construction plan.

2. Permits issued by state, federal and local agencies;

3. Findings that the activity will not result in:a. Impairment of natural wetland functions;b. Erosion or sedimentation;c. Impairment of aquatic life;d. Unnecessary loss of native appearance or natural beauty of

shoreland;

e. Restricting flood flows;f. Reducing the storage capacity of the floodplain.

D. The Department or Committee may attach conditions to their approval toassure compliance, including, but not limited to:

1. Time limits for exposure of bare ground;

2. Use of temporary ground-cover;3. Use of sediment traps such as diversion terraces and silting basins;4. Use of riprap or other stabilizing techniques;5. Erosion control measures.

LANGLADE COUNTY

17.18 EXCAVATING. FILLING, GRADING, RECONTOURING, PONDS.

(1) Filling, grading or excavating within 300 of a navigable water body shall be

governed by Section 17. 30 (8).

* * *

17.30 (8) LAND DISTURBING ACTIVITIES.

(a) Filling, grading or excavating within 300 of a navigable water body shall begoverned by the following existing and proposed features:

1) Applicants shall submit a fill and grade permit to the zoning administratorshowing the following:

a) Proposed and existing principal and accessory structures.b) Fencing.c) Paving.d) Landscaping.e) Screening.f) Private sewage system location.g) Driveways.h) Plans for management of surface waters and stormwater.


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Ordinance Language

i) North arrow.j) Measurements of setbacks for buildings and lot lines.k) Slopes and areas to be excavated, filled, or graded.l) Signature of person responsible for the work.

2) The site plan must demonstrate that the site has sufficient and usable space forall these identified features, will not cause unreasonable erosion or be contrary to Section17.02 or 17.30 (3). A permit shall be denied if the activity threatens to causeunreasonable erosion, sedimentation or disruption of fish or wildlife habitat and anypermits granted shall be conditioned with the standards outlined in paragraph (b) belowwhich may be modified at the discretion of the zoning administrator.

(b)Standards

1. Filling, grading, and excavating activities shall be performed usingappropriate best management practices specified in the DNR construction

site erosion control manual.

2. The area of soil exposed and duration of exposure shall be minimized.

3. Fill shall not be deposited in any floodplain or wetland without properwritten authorization.

4. Erosion control practices shall be instituted on all projects within 100 ofthe ordinary high watermark of a lake or stream on slopes greater than 5%and on all projects within 25 of a property line. These practices shall

remain until vegetation has stabilized the area and sufficiently to deter

erosion.

5. No heavy equipment may be used closer than 75 to the ordinary highwatermark of a lake or stream or the reduced shoreland setback area andno spoils shall be placed in this area.

6. Areas to be altered contiguous to the ordinary high watermark shall notexceed 200 square feet.

7. Total area to be approved shall not exceed 10,000 square feet notincluding the identified septic system area.

8. Post construction runoff shall be considered and appropriately controlledto prevent erosion and sediment transport.

9. Upland slopes and drainageways shall be stabilized according to acceptedengineering practices.

10.Permits are valid for 60 days unless an extension is granted.


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Ordinance Language

(c) A conditional use permit shall be required prior to any filling, grading,excavating or similar alteration of the existing surface contours if the area to be alteredexceeds 10,00 square feet or if the activity does not meet the requirements as stipulated inparagraph 17.30 (8) (a) (b).

(d) Prohibited Land Disturbing Activities. On slopes in excess of 45% landdisturbing activities are prohibited on shorelands that drain to surface waters.

MARATHONCOUNTY

17.34 (9) EARTH DISTURBANCES.

(a) Earth disturbances which do not equal or exceed 10,000 sq. ft. such as theremoval of natural deposits, grading, filling, road construction and the

construction of ponds with less than one acre of surface area are all permittedproviding:

1. All final slopes as a result of excavation or filling shall not exceed 1vertical to 3 horizontal. See also 17.43 (2) (1).

2. All exposed ground surfaces, except actual roadways, shall have topsoilapplied and be reseeded or planted to minimize erosion.

3. A zoning permit is obtained from the Zoning Administrator.

4. Within the required shoreline setback area, all earth disturbances, exceptfor waterline rip-rap, shall be reclaimed by revegetation. Earth

disturbances shall not be allowed where the resulting slopes would be toosteep to be stabilized with vegetation. This provision may be waived

where there is on-going bank erosion and structural methods are the only

feasible means of stabilization.

(b) Earth disturbances which equal or exceed 10,000 square feet such as theremoval of natural deposits, grading, filling, road cutting and ditching,

channel clearing, the construction, altering or enlargement of waterways andsoil and water conservation structures are special uses requiring a public

hearing and issuance of a special exception permit by the Board ofAdjustment, in accordance with Section 17.13 of this chapter, in addition toany permit required from the DNR having jurisdiction under Ch. 30, Wis.

Stats., and/or the U.S. Army Corps of Engineers. Such a special exception

shall be contingent upon the assurance of adequate protection against erosion,sedimentation and impairment of fish and wildlife habitat. In addition, filling,

grading, lagooning, tiling, dredging, ditching or excavating in a shoreland-

wetland district may be permitted only if the requirements of Section 17.35


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Ordinance Language

(3) (b) and (c) are met. Nonmetallic mining shall comply with the terms ofthe Marathon County Nonmetallic Mining Reclamation Code, Chapter 21 ofthe General Code of Ordinances and shall not require a public hearing exceptas provided in 21.10 (8) of the General Code of Ordinances for Marathon

County.

MENOMINEE COUNTY

22.070 Excavating, Filling and Grading.A. Excavating, filling and grading which does not require a permit under

section 22.070 (B) may be permitted in the shoreland overlay district,

provided that:

1. It is done in a manner to minimize erosion, sedimentation andimpairment of fish and wildlife habitat.

2. Such excavating, filling and grading meets the requirements of

sections 22.070 (c) of this ordinance.3. Any fill placed in the district is protected against erosion by use of

riprap, vegetative cover or other accepted methods.

B. Permit Required: A Land Use (Zoning) permit is required for anyexcavating, filling or grading in the shoreland overlay district when:

1. It is within the building setback line from the water or,2. The slope is greater than twenty percent (20%) or,3. The area is more than one thousand (1,000) square feet and the

slope is between twelve percent (12%) and twenty percent (20%)

or,

4. The area is more than two thousand (2,000) square feet and the

slope is less than twelve percent (12%),5. It may be required by a federal, state or other local agency.6. The construction is of an artificial waterway, canal, ditch, lagoon,

pond, lake, or similar waterway which is within the shoreland

overlay district or where the purpose is the ultimate connection of

such construction to the shoreland overlay district.C. Conditions of Permits. In granting a permit under section 22.070 (B)

the following conditions shall be attached to all permits:

1. The smallest amount of bare ground shall be exposed for as short atime as feasible,

2. Temporary ground cover (such as mulching or jute netting) shall

be used and permanent vegetative cover shall be established.3. Diversion berms or bales, silting basins, terraces, filter fabric

fencing, and other approved methods shall be used to prevent

erosion,

4. Lagoons shall be constructed to avoid fish trap conditions,5. Fill shall be stabilized according to accepted engineering

standards,


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Ordinance Language

6. Filling shall comply with any local floodplain zoning ordinance,and shall not restrict a floodway or distort the flood capacity of afloodplain.

OCONTO COUNTY

14.507 Land Surface Alterations:

1. Filling, grading or excavating A grading permit shall be required prior toany filling, excavating, grading or similar alteration of the existing surface

contours of any shoreland area:

a. For any filling or grading of any area which is in the shoreland jurisdictionwhich has surface drainage towards the water and on which there is either:

(1) Filling or grading where a single area of more than 500 square feet isexposed or where the cumulative exposed area exceeds 1000 square

feet.

(2) Any filling or grading on slopes of 20% or more.

ONEIDA COUNTY

9.53 Filling, grading, lagooning, dredging, ditching, and excavating shorelines of overten thousand (10,000) square feet.

CONDITIONAL USE PERMIT REQUIRED, MEETING THE FOLLOWINGCONDITIONS:

A. Only filling, grading, lagooning, dredging, ditching or excavating that is donein a manner designed to minimize erosion, sedimentation, and impairment of

fish and wildlife habitat may be permitted in the shoreland area.

B. Filling, grading, lagooning, dredging, ditching, or excavating in a Shoreland-Wetland District without a permit if allowed under Section 9.40 K 4. of this

ordinance.

C. A state or federal permit may be required, in addition to a permit under thisordinance, if state or federal laws are applicable to the filling, grading,

lagooning, dredging, ditching or excavating that is proposed.

D. Permit Conditions. In granting a CUP under a section 9.35 (B), the Planning& Zoning Committee, shall attach the following conditions where appropriate,in addition to those provisions specified in Section 9.35 (C):


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Ordinance Language

1. The smallest amount of bare ground shall be exposed for as short a time asfeasible;

2. Temporary ground cover (such as mulch) shall be used and permanent

cover (such as sod) shall be planted;

3. Diversion, silting basin, terraces and other methods shall be used to trapsediment;

4. Lagooning shall be conducted in such a manner as to avoid creation of fishtrap conditions.

5. Fill shall be stabilized according to accepted engineering standards;

6. Fill shall not restrict a floodway or destroy the storage capacity of a

floodplain;

7. Sides of a channel or artificial water course shall be stabilized to preventslumping;

8. Sides of channels or artificial watercourses shall be constructed withslopes (sides) of two units horizontal distance to one unit vertical orflatter, unless bulkheads or rip-rapping are provided.

VILAS COUNTY

ARTICLE IX: LAND DISTURBANCE ACTIVITIES

9.1 General Standards

A. Filling, grading, excavating, creation of impervious areas, and other land disturbanceactivities shall be done in a manner to minimize erosion, sedimentation, and runoff.

B. Activities which do not require a shoreland alteration permit may be allowed in theshoreland area provided that the following requirements are met.

1. Such alterations are done in a manner designed to minimize erosion,sedimentation and impairment of fish and wildlife habitat. Any fill placed in theshoreland area shall be protected against erosion by the use of riprap, vegetativecover or bulkhead. Any earth exposed as a result of filling or other alterationsshall be covered immediately with organic material and/or topsoil and seeded toprotect against erosion. Temporary groundcover, such as mulched straw, shallbe used to temporarily stabilize any exposed area during construction.


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Ordinance Language

2. Filling, grading, lagooning, dredging, ditching or excavating in the Shoreland-Wetland District meets the requirements of Section 10.3 of this Ordinance.

3. All applicable federal, state or local permits are obtained.4. All Land Disturbance Activities shall comply with appropriate best management

practices as specified in the Wisconsin Construction Site Best Management

Practice Handbook published by the Wisconsin Department of NaturalResources.

C. No land disturbances is allowed within 35 feet of the OHWM except as specificallyauthorized by Wisconsin Statutes.

9.2 Shoreland Alteration Permits

A. Activities that Require a Shoreland Alteration Permit.

A Shoreland Alteration Permit as described in Section 9.7 is required for the

following activities:

1. Land Disturbances Activities as specified in Section 9.3.2. Construction, dredging or commencing work on any artificial waterway, canal,

ditch, lagoon, pond, lake or similar waterway where the purpose is ultimateconnection with a navigable body of water.

3. Construction of a boathouse or other structures within the OHWM setback.4. Any activity in a shoreland wetland area listed in 10.3.C.5. Maintenance of existing beaches as specified in Section 9.4.6. Construction of walkout lower levels as specified in Section 9.5.7. Paths and Access roads as specified in Section 7.3.8. Any activity which requires an erosion control plan, a stormwater management

plan, or a cutting plan.

B. Activities which require an Erosion Control Plan

An erosion control plan is required in conjunction with a Shoreland Alteration

Permit for the following conditions:

1. Land Disturbance Activities in 9.3.B.2. Construction involving a boat landing or roadway access to a waterbody as

specified under Section 7.3.3. Construction on Slopes Construction on waterfront lots involving slopes where

the proposed construction is located within 300 feet of the OHWM of a

waterbody, and where the construction involves disturbance of an area with avertical height difference greater than six feet over the length or width of the

structure.

C. Activities which require a Stormwater Management Plan


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Ordinance Language

A stormwater management plan is required for impervious surfaces set forth in9.6.A.

D. Activities which require a Cutting Plan

A cutting plan is required in conjunction with a Shoreland Alteration Permit forexceedance of tree cutting and shore cover removal standards within 300 feet of the

OHWM as set forth in Article VIII.

E. Exceptions.

1. Soil conservation practices such as terraces, runoff diversions and grassedwaterways which are used for sediment control shall not require a Shoreland

Alteration Permit when designed and constructed to Natural Resource

Conservation Service (NRCS) technical standards.

2. Land disturbing activities related to forestry and agriculture shall not require aShoreland Alteration Permit if:

a. Such activities comply with the best management practices guidelinespublished by the Wisconsin Department of Natural Resources and State of

Wisconsin Department of Agriculture; andb. Such activities comply with the applicable provision of Section 9.1 of this

ordinance.

3. Land disturbing activities by governmental bodies related to maintenance,reconstruction, or repair of road beds or rights-of way and public landings.

9.3 General Land Disturbance Activities

A. Activities Requiring a Shoreland Alteration PermitA shoreland alteration permit is required for any land disturbance activity occurring

within a twelve month period which exceeds 750 square feet between 75 and 300

feet of the OHWM or 400 square feel between 35 and 75 feet of the OHWM, except

where the activity requires a zoning or sanitary permit.

B. Activities Requiring an Erosion Control Plan

An erosion control plan is required where total land disturbance activities exceed10,000 square feet in a single family residential waterfront lot, or exceed 20,000

square feet on a non-single family residential waterfront lot.Note: a permit under Wis. Stats. Chapter 30 is also required for grading more than

10,000 square feet on the bank of a navigable water.

9.4 Beaches.

A. Prohibition on New Artificial Beaches.


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Ordinance Language

No placement of sand or other materials to create a new beach, other than beachesformed entirely through natural processes, shall be permitted on the shorelines inVilas County.

B.

Existing Beaches.

Existing beaches may be maintained. A shoreland alteration permit must besubmitted and approved by the Zoning Administrator prior to placing additionalsand fill onto the existing beach.Note: Placement of sand or other material below the OHWM is regulated by the

Department of Natural Resources.


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Wednesday, October 18, 2000 14 E 1 Land Disturbance

Resources

Land Disturbance Resources

EDUCATIONALMATERIALSErosion Control for Home Builders. (4 pp., 1999). This handout describes how soil

erosion impacts water quality and illustrates techniques for controlling erosion. It isavailable from county UW-Extension offices or Extension Publications, 45 N. CharterStreet, Madison, WI, 53715 or by calling (608) 262-3346 (toll-free 877-947-7827). Askfor publication number GWQ001. The pamphlet is also available on-line at:[http://clean-water.uwex.edu/pubs/sheets/index.html].

Getting to Know Your Stormwater Management Practices. (1 pp., no date). Landand Water Stewardship article provides examples of stormwater management options.Available on-line from UW-Extension at:[http://clean-water.uwex.edu/pubs/stewards/R012.pdf].

Polluted Urban Runoff: A Source of Concern. (4 pp., 1997). Pamphlet describes thesources of urban pollutants found stormwater which ends up into our lakes and streamsand offers suggestions on to prevent stormwater pollution. It is available from countyUW-Extension offices or Extension Publications, 45 N. Charter Street, Madison, WI,53715 or by calling (608) 262-3346 (toll-free 877-947-7827). Ask for publicationnumber GWQ020. The pamphlet is also available on-line at:[http://clean-water.uwex.edu/pubs/sheets/index.html].

Reviewing Site Plans for Stormwater Management. (4 pp., no date). Fact sheetprovides tips for what officials should look for when reviewing a stormwatermanagement plan. Available from NEMO Project, University of Connecticut CES, 1066

Saybrook Road, Haddam, CT, 06438-0070 or by phoning (860) 345-4511. Ask forNEMO Project Fact Sheet #7.

Soil Erosion in Also a Problem in the City. (1 pp., no date). Land and WaterStewardship article shows how much construction sites can contribute to soil erosion andprovides methods to limit erosion from sites. Available on-line from UW-Extension at:[http://clean-water.uwex.edu/pubs/stewards/R005.pdf].

There Used to be Trout Here . . . Why is Sediment Harmful to Fish Habitat in

Streams? (1 pp., no date). Land and Water Stewardship article explains how sedimentimpacts fish habitat in streams. Available on-line from UW-Extension at:

[http://clean-water.uwex.edu/pubs/stewards/S002.pdf].

TECHNICALREFERENCESLand Form Alteration Policy Guidance. (On-line document, March 1994). This reportprovides an easily used guide for planning staff and others in how to deal with gradingeffects from subdivision decisions to lot layout and building design. Attachments to thisreport provide details on the possible impacts from grading, a review of policy andregulatory approaches to minimize land form alteration and some of the technical options


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Resources

available as alternatives to conventional site grading. Available on-line at[http://www.coastal.ca.gov/web/landform/title-tc.html].

Muddy Water in Muddy Water Out? A Critique of Erosion and Sediment

Control Plans. (11 pp., 1999). This article looks at communities which have enacted

erosion and sediment control (ESC) ordinances and evaluates the effectiveness of theresulting ESC plans. The article then suggests improvements for the production andimplementation of ESC plans. Available from the Center for Watershed Protection, 8391Main Street, Ellicott City, MD, 21043-4605 or by calling (410) 461-8323. The documentis also available on-line at: [http://www.cwp.org/].

Protecting Natural Wetlands: A Guide to Stormwater Best Management Practices.

(181 pp., October 1996). This manual addresses specific water quality concerns relatedto wetlands and is intended for use by anyone needing to address potential impacts towetlands from stormwater runoff. The manual presents a wide variety of planningapproaches as well as specific BMPs that can be employed in a variety of situations.

Available from the United States Environmental Protection Agency on-line at[http://www.epa.gov/owow/wetlands/pdf/protecti.pdf].

Protecting Water Quality: A Field Guide to Erosion, Sediment, and StormwaterBest Management Practices for Development Sites in Missouri and Kansas. (302pp., November 1995). The purpose of this manual is to provide developers, contractors,planners and local government officials with information and descriptions of erosion,sediment and stormwater control practices. Use of these practices will reduce the amountof sediment and other pollutants leaving construction sites and entering our waterresources. Their use can also reduce stormwater runoff and its potential to carrypollutants, and cause flooding and stream channel instability. This document is availablefrom Missouri Department of Natural Resources, Division of Environmental Quality,Technical Assistance Program, PO Box 176, Jefferson City, MO, 65102 or by phoning(800) 361-4827. Ask for publication number PUB488. It is also available on-line at:[http://www.dnr.state.mo.us/deq/wpcp/wpcp-guide.htm].

Steep Slope Bylaws. (On-line document, August 1999). This module providesexamples of steep slope bylaws from ordinances which define a steep slope and restrictcertain land uses in the defined area. Steep slope bylaws are used mainly to controlerosion, mitigate visual impact of building in scenic areas, and preserve access. Availablefrom Massachusetts Chapter of the American Planning Association and the Departmentof Landscape Architecture and Regional Planning at the University of Massachusettson-line at [http://www.massapa.org/aicp/SLOPES/SLOPE.HTM]

Wisconsins Forestry Best Management Practices for Water Quality: Field Manual.

(76 pp., March 1995). This manual is designed to help loggers, landowners, and landmanagers be good stewards by protecting water quality during forest managementactivities. This manual provides recommended guidelines, however, it does not cover allsituations. The BMPs may be modified for specific site conditions with guidance from aforester or other natural resource professional if modifications provide equal or greater


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water quality protection. Available from the Wisconsin Department of Natural Resources,Bureau of Forestry, PO Box 7921, Madison, WI, 53707-7921 or by phoning (608) 267-7494. Ask for publication no. FR093. The document is also available on-line at:[http://www.dnr.state.wi.us/org/land/forestry/usesof/bmp/bmpfieldmanual.htm].

The Wisconsin Stormwater Manual. (172 pp., 1994) Provides information on ways toreduce pollution from urban stormwater runoff and technical design guidelines for bestmanagement practices. Available for $15 + s/h from Extension Publications, 630 W.Mifflin Street, Madison, WI, (608) 262-3346 and ask for publication number G3691-P.

Shoreland Land Disturbance - Filling, Grading - Standards by County in Wisconsin

Documents

Transcript of Shoreland Land Disturbance - Filling, Grading - Standards by County in Wisconsin